Murray

Murray v. Bank of America

Good Law
1963 Cal. App. LEXIS 1878·217 Cal. App. 2d 104·31 Cal. Rptr. 346
Court of Appeal of CaliforniaJune 11, 1963Civ. Nos. 26412, 26604California2,616 words

Opinion

Lead Opinion

Ford, J.

Two appeals, which have been consolidated pursuant to stipulation, are before this court. In one case (Civ. No. 26412) the principal question presented is whether proper provision was made in the decree of final distribution in the estate of Henrietta Doescher, deceased, with respect to the amount of money which the appellant Minnie Jacoby Murray was entitled to receive under the will. 1 The second appeal (Civ. No. 26604) is from an order denying the appellant’s motion to vacate or amend the decree of distribution pursuant to the provisions of section 473 of the Code of *106 Civil Procedure; that appeal must be dismissed because provision for such an appeal is not found in section 1240 of the Probate.Code. (Estate of O'Dea, 15 Cal.2d 637, 638 [ 104 P. 2d 368 ] ; Estate of Rouse, 149 Cal.App.2d 674, 679 [ 309 P.2d 34 ]; Estate of Glassgold, 97 Cal.App.2d 859, 863 [ 218 P.2d 1016 ].)

. In her will Mrs. Doescher stated that she was a widow, that she .had no living children or grandchildren, and that her three brothers and four sisters had predeceased her. To each of nine nephews, six nieces, and two grandnieces she bequeathed the sum of $1,000.

In the sixth paragraph of the will…

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